Impaired Driving Defence Lawyer In Mississauga

Being accused of impaired driving can be an overwhelming and frightening experience. You might not be fully aware of your legal rights and might prematurely think that the prosecution has a guaranteed victory even before your day in court. 

However, it’s important to note that nearly half of all impaired driving cases in Ontario result in the charges being dropped or in acquittals. Despite facing charges, there’s still a significant chance for favourable outcomes with the guidance of a skilled impaired driving attorney in Mississauga, Canada. 

At FMK Law Group, we are well-versed in the intricacies of impaired driving laws and have leveraged our expertise to secure the best possible results for our clients in Mississauga, Canada.

We offer complimentary consultations with our team of skilled Criminal lawyers in Mississauga, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Careless Driving, Dangerous Driving, and Drug Related Offences.

While our impaired driving services are centred in Mississauga, ON, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.

Driving while impaired involves controlling any motorized vehicle—such as cars, trucks, motorcycles, boats, airplanes, trains, jet skis, and snowmobiles—when affected by alcohol, drugs, or both.

This act constitutes a criminal offence under Canada’s Criminal Code, representing a significant public health and safety concern.

Operation while impaired

253 (1) Everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Impaired Driving

An individual can be charged with impaired driving when the arresting officer has reasonable grounds to believe and can demonstrate that the person’s ability to operate a vehicle safely is compromised by impairment, even if a blood alcohol concentration test or a breathalyzer has not been administered.

Indications that may lead an officer to suspect impairment include signs such as unstable walking, slurred speech, poor motor coordination, and erratic driving behaviour. 

For a conviction on this charge, law enforcement and the prosecution are required to establish that the impairment was a result of consuming alcohol or drugs.

Over 80 

An individual will face charges of “over 80” if they are found to have a Blood Alcohol Concentration (BAC) exceeding 80 milligrams in 100 millilitres of blood. This measurement must be taken using a sanctioned screening device, like a breathalyzer. 

Furthermore, before administering the screening test, the officer is required to have probable and reasonable grounds to believe that the person is under the influence of alcohol or drugs.

Refusing a Breathalyzer

An impaired driving charge is issued when a person refuses to give a breath or blood sample to law enforcement or when the sample provided is insufficient for a thorough investigation. 

This charge can also apply in cases where individuals are not compliant in providing the necessary samples to police officers.

Impaired care or control

The charge of impaired driving does not exclusively apply to individuals caught operating a vehicle under the influence. It also targets those whom law enforcement deems to have care and control of a vehicle while intoxicated. 

For this charge to be applicable, a police officer must have reasonable grounds to believe that the individual would maintain a similar level of care and control as if they were actually driving the vehicle.

Driving under the influence is a grave offence that endangers public safety significantly. It is illegal to have levels of alcohol, THC, or any other intoxicating substances in your bloodstream that exceed the permitted limits within two hours of operating a vehicle.

The consequences for engaging in this behaviour can differ based on several factors, including the concentration of alcohol or drugs in your system, whether it’s your first offence, if you have prior convictions, and if your actions resulted in injury or death to others.

Alcohol-impaired

Charge:

1. Alcohol-impaired driving
2. Having a Blood Alcohol Concentration (BAC) at or over 80mg per 100ml of blood within 2 hours of driving

Penalty:

1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Drug-impaired

Charge:

1. Drug-impaired driving
2. Having 5ng or more of THC per ml of blood within 2 hours of driving
3. Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam within 2 hours of driving
4. Having 5mg or more of GHB per 1 litre of blood within 2 hours of driving

Penalty:

1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Combination

Charge: 

Having a BAC of 50mg per 100ml of blood + 2.5ng or more of THC per 1ml of blood within 2 hours of driving

Penalty:

1st offence: Mandatory minimum $1000 fine; Maximum 10 years imprisonment

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Charge: 

Refusal to comply with the demand for a sample

Penalty:

1st offence: Mandatory minimum $2000 fine

2nd offence: Mandatory minimum 30 days imprisonment; Maximum 10 years imprisonment

3rd offence: Mandatory minimum 120 days imprisonment; Maximum 10 years imprisonment

Drug-impaired driving – Summary conviction

Charge: 

Having over 2ng but less than 5ng of THC per ml of blood within 2 hours of driving

Penalty: 

Maximum $1000 fine

Charge: 

Impaired driving causing bodily harm

Penalty:

Summary conviction: maximum 2 years imprisonment less than a day

Indictment: maximum 14 years imprisonment

Charge: 

Impaired driving causes death

Penalty:

Indictment: Maximum life imprisonment

Charge: 

1st offence + BAC of 80-119 ml

Penalty: 

mandatory minimum $1000 fine

Charge: 

1st offence + BAC of 120-159ml

Penalty: 

mandatory minimum $1500 fine

Charge: 

1st offence + BAC of 160 mg or more

Penalty: 

mandatory minimum $2000 fine

Defence of the accused in impaired driving cases in Mississauga begins with gathering evidence at the site and establishing that all the charter issues have been strictly followed by the officer who has imposed the charges on the accused.

These include s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In cases where the officer stops you without a warrant, a defence may be raised based on (s.8) (unreasonable search and seizure).

Another crucial section in these cases is s. 11 (b), which is the right to be tried within a reasonable time and the entitlement to full disclosure (s.7, fundamental justice). This is in addition to studying prosecution evidence and cross-examining Crown witnesses.

Once charged with impaired driving in Mississauga, Canada, you are eligible for release from police custody through bail. Typically, police have the discretion to grant bail for impaired driving charges, which means you may not need to wait for a court appearance before a judge for release. Upon being released, you will receive a notification about your first court hearing. 

The initial repercussions of the charge will include a provisional suspension of your driver’s license for a minimum duration of 90 days, pending the resolution of your case. 

Furthermore, your vehicle could be seized and possibly retained for a period of up to seven days before you are permitted to collect it.

If you’re facing impaired driving charges or other driving charges like Careless Driving or Dangerous Driving in Mississauga or surrounding cities, reach out to us for defence. DUI cases are highly contested in the Mississauga legal system, and our track record of successfully defending our clients against such charges speaks for itself. Our Mississauga attorneys bring a wealth of experience and specialized knowledge to the table.

At FMK Law Group, our expert team specializes in personal injury and criminal law, with a strong focus on cases stemming from Mississauga’s Impaired Driving. Our seasoned personal injury attorneys are committed to guiding you through the legal labyrinth and have a successful history of obtaining rightful compensation for our clients.

Don’t let the aftermath of Impaired Driving impact your future. Reach out to us at FMK Law Group today, and let our Mississauga Criminal Lawyer safeguard your rights and help secure your future.

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